What affects a country’s decision of whether to formally engage in a trade dispute directly related to its exporting interests? This article empirically examines determinants of affected country ...participation decisions in formal trade litigation arising under the World Trade Organization (wto) between 1995 and 2000. It investigates determinants of nonparticipation and examines whether the incentives generated by the system’s rules and procedures discourage active engagement in dispute settlement by developing country members in particular. Though the size of exports at stake is found to be an important economic determinant affecting the decision to participate in challenges to a wto-inconsistent policy, the evidence also shows that measures of a country’s retaliatory and legal capacity as well as its international political economy relationships matter. These results are consistent with the hypothesis of an implicit “institutional bias” generated by the system’s rules and incentives that particularly affects developing economy participation in dispute settlement.
Unilateral dispute settlement clauses in international commercial and investment contracts –especially international loan contracts- are designed to provide one party to the contract with more ...dispute settlement options (normally domestic courts or arbitration) than the other contracting party. Thus one party may take into account different factors –including enforcement consideration- to choose from different options while the other party is stuck with only one forum. Although there is a wide range of opinions regarding the validity of unilateral dispute settlement clauses in different jurisdictions, the recent reasoning of the Supreme Court of France has caused a new trend in the invalidity of such clauses in other jurisdictions. Throughout this research, some important rationales behind the invalidity of unilateral clauses have been surveyed and assessed. In sum, it is fair to suggest that unilateral clauses are, in principle valid, unless such terms amount to blatant injustice.
International investment law has been criticised for years: Do investors enjoy international rights without corresponding responsibility? This book challenges this view. On the contrary, treaty and ...arbitration practice is already subject to dynamics introducing international investor obligations, systematised by this book as direct and indirect obligations. Inter alia, these relate to the protection of human rights and the environment. This development may potentially reorient the field towards the principle of sustainable development and may even turn it into an international instrument to regulate investors’ behaviour. The book situates these findings in the broader context of general international law.
Understanding Conflict Resolution, the updated sixth edition, is a contemporary, applied, and critical Conflict Resolution textbook designed as the perfect guide for students studying Security and ...Peace and Conflict studies. With an emphasis on peace agreements between and with states and this book relies on data provided by the well-known Uppsala Conflict Data Program (UCDP), which Wallensteen founded and now has become a standard source for systematic information on conflicts, wars and peace. This new edition includes: a contemporary focus that reflects on the nature of political conflict today while retaining the extensive historical work on liberal peacebuilding stronger, more engaging starts to each chapter that will include an introduction, case, and key point summaries a greater utilisation of the UCDP data throughout. An essential introductory text that provides the foundation needed for studies in Conflict Resolution. Peter Wallensteen is Senior Professor of Peace and Conflict Research at Uppsala University and Richard G. Starmann Sr. Research Professor Emeritus of Peace Studies at the Kroc Institute, University of Notre Dame, USA.
There is an underlying tension between the goals of trade liberalisation and a nation's sovereign right to regulate on matters of public health. In terms of trade in goods, Article XX(b) of the ...General Agreement on Tariffs and Trade (GATT) allows for measures necessary to protect human health, as one of the general exceptions. The increasing proliferation of comprehensive Free Trade Agreements (FTA) also contains general exception clauses to protect human health. International Investment Agreements contain provisions carving out an exception for tobacco products, from the scope of Investor State Dispute Settlement (ISDS) claims against the host State. The aim of this article is to examine if the public health exceptions in FTAs differ from those under the GATT, and whether they can be used as an avenue for effective regulation. In the context of investment, the article examines if a ‘carve‐out’ from ISDS is a feasible option. The article concludes by observing that it may be difficult for FTAs to provide for broader regulatory autonomy to States, given the resort to the World Trade Organization (WTO) jurisprudence in FTA dispute settlement. Effectively, measures to regulate alcohol for the protection of public health may have to be designed and structured in a WTO compatible manner. In terms of ISDS, a ‘carve‐out’ from dispute settlement may provide increased regulatory space but would depend on whether consensus can be achieved in this regard. States should approach the regulation of alcohol in a comprehensive manner addressing potential challenges under the trade and investment regimes.
International investment agreements employ dispute settlement procedures that differ markedly from their counterparts in trade agreements. A prominent and controversial difference arises with respect ...to the issue of “standing”: Who has the right to complain to adjudicators about a violation of the agreement? While trade agreements limit standing to the member governments (state-to-state dispute settlement), investment agreements routinely extend standing to private investors as well (investor-state dispute settlement). We develop parallel models of trade and investment agreements and employ them to study this difference. We find that the difference in standing between trade and investment agreements can be understood as deriving from the fundamentally different problems that these agreements are designed to solve. Our analysis also identifies some important qualifications to the case for including investor-state dispute settlement provisions in investment agreements, thereby offering a potential explanation for the strong political controversy associated with these provisions.
This study aimed to examine the effect of the disputes classification in the industrial settlement system, comparing arrangements according to the perspective of the International Labor Organization, ...China, Japan, and Kazakhstan, and trying to find the ideal concept of the type of industrial dispute to apply in Indonesia. This research is normative legal research. The approaches used in this study were the statutory approach, conceptual approach, fact approach, and comparative approach. The results revealed that the classification of disputes in the industrial relations settlement system in Indonesia has an impact on the difficulty of the parties in classifying their disputes. Comparative studies were conducted to determine the classification of disputes in international law as well as in China, Japan, and Kazakhstan. The ideal concept that can be offered to Indonesia is the simplification or elimination of the classification of industrial relations to provide dispute resolution by applying the principles of fast, precise, fair, and inexpensive methods.
Environmental problems have occurred in the global scope, both developed and developing countries. Environmental problems are not only problems of developed countries or industrialized countries ...including Indonesia. Efforts to overcome environmental problems in developing countries have no other choice but to carry out development. Without the level of development, people will decline, and the environment will be increasingly damaged. Development must still be carried out without damaging the environment. This balance must be maintained in order to preserve the environment. Indonesia has been paying attention to environmental management since 1972. Settlement of environmental disputes through litigation does not produce many results. Dispute resolution through non-litigation channels assumes that dispute resolution through litigation results in very disappointing results. This study wants to conduct a study related to the implementation of Government Regulation No. 54 of 2000 concerning Service Providers for Environmental Dispute Resolution Services Outside the Court and find obstacles and solutions in resolving environmental disputes out of court. The implementation of Government Regulation No. 54 of 2000 at the central government level has established a service provider institution based on the Decree of the State Minister of the Environment Number 77 of 2003 concerning the Establishment of an Out-of-court Environmental Dispute Resolution Service Provider (LPJP2SLH) at the Ministry of the Environment, but its performance has not yet been felt.
Abstrak
Masalah lingkungan telah terjadi dalam lingkup global, regional maupun nasional baik negara maju maupun negara berkembang. Masalah lingkungan bukan hanya masalah negara maju atau negara industri namun juga pada negara berkembang termasuk Indonesia. Upaya mengatasi permasalahan lingkungan di negara berkembang tidak ada pilihan lain selain melakukan pembangunan. Pembangunan tetap harus dilakukan tanpa merusak lingkungan. Keseimbangan ini harus dijaga agar kelestarian lingkungan tetap terjaga. Indonesia telah memperhatikan pengelolaan lingkungan sejak tahun 1972. Penyelesaian sengketa lingkungan melalui litigasi tidak banyak membuahkan hasil. Penyelesaian sengketa melalui jalur non-litigasi didasarkan pada asumsi bahwa penyelesaian sengketa melalui jalur litigasi memberikan hasil yang sangat mengecewakan. Penelitian ini ingin melakukan kajian mendalam Peraturan Pemerintah Nomor 54 Tahun 2000 tentang Penyelenggara Jasa Penyelesaian Sengketa Lingkungan Hidup di Luar Pengadilan, serta mencari kendala dan solusi penyelesaian sengketa lingkungan hidup di luar pengadilan. Pelaksanaan Peraturan Pemerintah Nomor 54 Tahun 2000 di tingkat pemerintah pusat telah membentuk lembaga penyedia layanan berdasarkan Keputusan Menteri Negara Lingkungan Hidup Nomor 77 Tahun 2003 tentang Pembentukan Layanan Penyelesaian Sengketa Lingkungan Di Luar Pengadilan Penyelenggara (LPJP2SLH) di Kementerian Lingkungan Hidup, namun kinerjanya belum optimal.
O presente artigo intenciona abordar o processo de formação dos Acordos de Promoção e Proteção Recíproca de Investimentos estrangeiros (APPRI’s) realizando um confronto com o novo modelo de Acordo de ...Cooperação e Facilitação de Investimentos (ACFI) criado pelo Brasil em 2015, especialmente no que tange às peculiaridades da cláusula de solução de controvérsias. O ACFI, enquadrando-se como modelo alternativo no cenário de reformas do tradicional sistema internacional de proteção dos investimentos, priorizou os mecanismos de governança institucional para cooperação e solução de controvérsias, apostando nas instâncias de prevenção de litígios com a exclusão da arbitragem do tipo investidor-Estado. A pergunta que se faz é se referida escolha traduz avanço ou anacronismo diante do atual panorama do Direito Internacional de Investimentos.
Conflict Among Nations Snyder, Glenn Herald; Diesing, Paul
2015, 2015., 20150308, 1978, Letnik:
1597
eBook
How do nations act in a crisis? This book seeks to answer that question both theoretically and historically. It tests and synthesizes theories of political behavior by comparing them with the ...historical record. The authors apply theories of bargaining, game theory, information processing, decision-making, and international systems to case histories of sixteen crises that occurred during a seventy-five year period. The result is a revision and integration of diverse concepts and the development of a new empirical theory of international conflict.
Originally published in 1978.
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